CONSORTIUM IGA.PDF

Maricopa County — Formal (2023-06-14)

Extracted text (via ocr_local) 34929 characters

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

(C#_C-22-20-033-3-00 )

This Intergovernmental Agreement (“Agreement”) is between the Cities of Avondale,
Chandler, Glendale, Peoria, Scottsdale, Surprise, and Tempe, the Town of Gilbert; and,
the County of Maricopa through its Human Services Department, (the “County”)
(collectively, the “Consortium,” or the “Maricopa HOME Consortium,” or the “Parties”;
and, individually, “Consortium Member” or “Party”).

WHEREAS, the National Affordable Housing Act provides that units of local government
that are geographically contiguous may form a consortium for the purposes of receiving
an allocation to participate in the HOME Investment Partnerships Program (hereinafter
“HOME Program”) to be funded by the United States Department of Housing and Urban
Development (“HUD”); and,

WHEREAS, the proposed level of federal funding is unlikely to provide grants to
individual municipalities, but by cooperating in consortium they may as a group become
eligible participants in the HOME Program; and,

WHEREAS, the consortium of geographically contiguous local governments has notified
HUD of their intention to participate in the HOME Program by March 1, 2020; and,

WHEREAS, one local government entity must be designated to act as a representative
for all member local governments for the HOME Program; and,

WHEREAS, this Agreement constitutes an Intergovernmental Agreement (“IGA”) under
Arizona law, meets the criteria pursuant to 24 CFR 92.101, and the Consortium
Members are authorized to enter into this Agreement by A.R.S. §11-951 et seq. and
adopt this Agreement by their respective legislative bodies;

NOW, THEREFORE, be it resolved that the Parties hereby enter into a consortium for
the purposes of receiving an allocation from the HOME Program and agree to
cooperate to undertake or to assist in undertaking housing assistance activities for the
HOME Program. This Consortium shall be known as the Maricopa HOME Consortium
(“Consortium”). The County shall be designated as Lead Agency of the Maricopa HOME
Consortium. It is further resolved that:

1. This Agreement is for funding HOME Program activities for the federal fiscal
years 2021 through 2023. The initial term of this Agreement is from July 1, 2021
to June 30, 2023, or until the HOME program funds from each of the federal
fiscal years of the qualification period are closed out pursuant to 24 CFR 92.507,
whichever is later. This Agreement shall automatically be renewed for the
Consortium’s participation in successive qualification periods of three federal
fiscal years. No later than the date specified by HUD’s Consortia designation
notice, the County shall notify each Party in writing of its right to decide not to
participate in the Consortium for the next qualification period and the County

Page 1 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

shall send a copy of each notification to the HUD Field Office.

(a) |The Lead Agency will notify each Consortium Member in writing at least
180 days prior to the renewal date of its right to not participate in the
successive three-year Agreement period by the date specified in HUD’s
Consortia designation notices. The Lead Agency will forward a copy of the
written notifications to the HUD Field Office prior to the renewal effective
date. The automatic renewal provision will be void if the County fails to
notify a Party of its right not to participate for the next qualification period
or the County fails to submit a copy of each amendment to the Agreement
as required.

(b) | The Consortium Members may amend this Agreement upon the approval
of the undersigned current Consortium Members. Any amendments to the
Agreement must be adopted and submitted to HUD prior to the automatic
renewal effective date.

(c) Before the beginning of each renewal date, the County will submit to the
HUD Field Office a statement of whether or not any amendments have
been made to this Agreement, a copy of each amendment to the
Agreement, and if the Consortium’s membership has changed, the state
certification required under 24 CFR 92.101(a)(2)(i).

Except as provided by law, no Consortium Member may withdraw from the
Consortium while the Agreement remains in effect. If a Consortium Member elects
to withdraw from the Consortium, written notification will be provided to the
Consortium prior to the renewal date. The Lead Agency will notify HUD of the
Consortium Member’s withdrawal from the Agreement/Consortium. The Consortium
Member shall be withdrawn effective on the first business day of the renewal
period.

New members may be added to the Consortium upon consent of a simple majority
of the Consortium Members. When a new member is added, the Agreement will be
amended accordingly; and the Parties agree to execute such further instruments as
may be reasonably required to effect such amendment. The Agreement will be
amended in the federal fiscal year before the year in which the new member is to
be added.

Each Consortium Member (i.e., the governing body or its designee) shall designate
an individual to act as Consortium staff on its behalf. Consortium staff shall have
voting authority. An alternate shall be designated by the Consortium Member if the
designated individual is unable to attend a Consortium meeting. Consortium staff
shall act on behalf of and in an advisory capacity to their respective jurisdictions.
Each Consortium Member shall have one (1) vote on all issues. All actions of the
Consortium will be determined by a simple majority of votes cast.

Page 2 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

In accordance with section 91.402 of the Consolidated Plan (“CP”) rule, all units of
general government that are Consortium Members are on the same program year
that starts on each July 1% for Community Development Block Grants (“CDBG’),
HOME Investment Partnerships Program and Emergency Solutions Grants (“ESG’).

This Consortium shall submit to HUD a single, unified CP, which describes the
Consortium’s five-year strategy for addressing housing, homeless and supportive
housing needs and Citizen Participation Plan. The Consortium shall also submit to
HUD Annual Action Plans, Consolidated Annual Performance and Evaluation
Reports (“CAPERs”) and other reports, as required by HUD. Per regulation, all
Consortium plans and reports shall contain goals and accomplishments for the
Consortium. At the discretion of the Consortium, individual Consortium Member
goals and accomplishments may be reported.

The Consortium Members shall receive their pro rata share of available HOME
Program funds from the Consortium. This share will be calculated based on the
annual Consortium Members’ collective annual CDBG allocation. These funds shall
be allocated to individual Consortium Members in direct proportion to each
Consortium Member's annual CDBG entitlement compared to the sum of all
Consortium Members CDBG entitlements received in a program year.

(a) If a member opts not to accept its annual pro rata share of available
HOME Program funds, it must provide written notification to the County
prior to January 1 of the upcoming program year. The allocation will be
redistributed amongst all remaining HOME Consortium members per their
pro rata share.

(b) If a member notifies the County of its intent to return HOME Program
funds after January 1 of the upcoming program year, proposals for the
funds will be accepted by the Consortium Members. A subcommittee of
Consortium Members will review and make a recommendation for the
reallocation of funds to an existing contract.

Each Consortium Member will be responsible for providing its pro-rata share of
matching non-federal funds not previously used each time it makes a draw against
its allocation of federal funds from the HOME Program.

Each Consortium Member agrees to affirmatively further fair housing as required by
24 CFR 91.425(a)(1)(i) and agrees to participate in any HUD-required analysis of
fair housing or assessment of fair housing. The Parties agree to comply with
Arizona Executive Order 2009-09 and to comply with all applicable state and
federal laws, rules, and regulations regarding equal opportunity, equal access, non-
discrimination, and affirmative action.

Page 3 of 21

10.

11.

12.

13.

14.

15.

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

To the extent permitted by law, a Consortium Member (including its employees,
agents, elected officials and volunteers) whose act, omission, negligence,
misconduct or other fault gives rise to any claim, loss, liability, cost or expense,
including, but not limited to, reasonable attorneys’ fees, court costs, penalties,
claims for reimbursement and sanctions (hereinafter collectively referred to as
“claims”), made by HUD or any third party shall defend and hold harmless the
other Consortium Members from and against any and all such claims. In the event
of a dispute regarding whether such indemnification is due under this Agreement,
the Parties agree to use arbitration to the extent required by A.R.S. §12-133.

The Consortium shall comply with Arizona open meeting, public records, and ethics
laws. An agenda shall be posted and minutes shall be kept on each meeting of the
Maricopa HOME Consortium.

The Consortium Members hereby authorize the Lead Agency to act on its behalf in
any way required to comply with federal statute or regulation and this Agreement,
except to make legislative commitments on behalf of Consortium Members.

The County, as Lead Agency, shall ensure that the Consortium’s HOME Program is
carried out in compliance with HUD rules and regulations and the requirements of
the HOME Program. These requirements include a CP in accordance with HUD
regulations 24 CFR Parts 91 and 92 and the requirements of 24 CFR 92.350 and all
related regulations and notices required by HUD for administration. As Lead
Agency, the County shall be responsible for the administration of the Consortium
HOME funds. As such, the County has been designated the Participating
Jurisdiction (“PJ”) by HUD in the HOME Program.

As reimbursement for its administrative duties under this IGA, the Lead Agency will
receive administrative funds from other Consortium Members in the amount of five
percent (5%) of each Consortium Member's pro-rata share of HOME Program grant
allocations for each year. This percentage will be calculated on the Consortium’s
annual HOME Program allocation.

The Lead Agency agrees to:

(a) | Prepare the Consortium’s Five-Year Consolidated Plan and Annual Action
Plans.

(b) Prepare the Consortium’s CAPER.

(c) Prepare application and contract template for Community Housing
Development Organizations (“CHDO”). Publish Public Notices on CHDO
funds.

(d) | Monitor Consortium Members and CHDOs and prepare monitoring tools.

(e) Coordinate/chair Consortium meetings, and prepare, maintain and
disseminate agendas, minutes, and records.

(f) Coordinate/chair public hearings and publish notices.

Page 4 of 21

(@)
(h)
(i)
(i)
ik)
0)
(m)
(n)

(0)
(P)

(q)
(1)

(s)
(t)

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

Process all agenda items (i.e., plans, intergovernmental agreements,
contracts) through the Maricopa County Board of Supervisors (“BOS”).
Submit Requests for Release of Funds documents to HUD on behalf of
Consortium Members. Transmit Authority to Use Grant Funds documents
from HUD to Consortium Members.

Process project setups, revisions, and completion reports.

Process reimbursement requests from County funds and process
drawdowns from HUD.

Prepare monthly Consortium financial reports and reconcile with HUD’s
financial data.

Calculate annual Consortium allocation.

Coordinate reallocation of funds when necessary.

Provide technical assistance to Consortium Members as required.
Facilitate audits and/or monitorings with HUD and State Auditor General.
Maintain all applicable Maricopa HOME Consortium application,
implementation, and financial files for CHDO activities. In addition, the
Lead Agency will maintain all files associated with monitoring and
reporting to HUD. The Lead Agency will maintain these administrative and
programmatic files according to the current applicable State and Federal
record retention schedule and regulations.

Procure and contract with shared consultant/services.

Maintain a Programmatic Agreement with the State Historic Preservation
Office (“SHPO”) for Section 106 reviews per Part 58, contingent upon
SHPO approval.

Perform market study to determine annual HOME homeownership value
limits and submit to HUD for approval.

Serve as the “Certifying Officer” with respect to environmental matters on

all Consortium-funded projects.

16. Consortium Members agree to:

(a)

Administer all activities funded from the pro-rata share of the non-CHDO
HOME funds in respective Consortium Member jurisdictions. Each
Consortium Member will develop criteria for project selection and
guidelines for implementation within HUD statutes and regulations.
Administration includes, but is not limited to: negotiation and execution of
the contract; completion of Part 58 environmental ‘eviews including
consultation with SHPO and tribal entities as necessary; completion of
required reports for project set-up and completion; processing Deeds of
Trust; review and approval of reimbursement requests; submission of
reimbursement requests to the Lead Agency for payment; initiation of
recommendations for any contractual changes where feasible and
consistent with the Consortium’s Citizen Participation Plan and needs
identified in the CP; and general project oversight. The Consortium
Member shall be named as the beneficiary in the Deed of Trust and shall

Page 5 of 21

(b)

(c)

(d)
(e)

(f)
(9)

(h)

(i)

(k)

(I)

(m)

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

be responsible for monitoring and enforcing HUD requirements during the
period of affordability.

Provide information and data for the CP, Annual Action Plans, CAPERs
and other reports as required by HUD by the date and in the format
specified by the Lead Agency.

Attend Consortium meetings and public hearings whenever possible. One
representative with voting authority should be at each meeting, telephonic
attendance is acceptable.

Serve on Consortium committees for policies and procedures, and CHDO
selection as necessary.

Represent the Consortium in training, seminars, conventions, etc., and
share resulting information with the full Consortium.

Participate in Consortium training sessions for subrecipients as necessary.
Conduct appropriate environmental reviews for all projects in accordance
with Part 58. Complete appropriate environmental clearance documents
for all projects, including CHDO projects, administered by the Consortium
Member. Publish notices when appropriate. Consortium Members will
submit any Request for Release of Funds documents to the Lead Agency
for forwarding to HUD.

Submit all financial reimbursements and project set-ups, revisions, and
completion reports to the Lead Agency. Each Consortium Member is
responsible for educating each of their subrecipients as to the procedures
and time involved for processing activity reimbursement approvals, draws,
and payments. Each Consortium Member shall request drawdowns of
funds from the Lead Agency for all activities in its jurisdiction with proper
documentation including proof of payment and updated match log. The
Consortium Members shall process reimbursement requests in a timely
manner and forward them to the County to help facilitate reimbursement
by the County.

Report, retain, account for, and expend program income generated in their
jurisdictions per federal regulations.

Maintain all applicable application, implementation, financial, and CHDO
files. The Consortium Member will maintain these administrative and
programmatic files according to the current applicable State and Federal
record retention schedule and regulations.

Monitor rental properties in respective jurisdictions at the specified
intervals throughout the period of affordability and submit monitoring
reports to the Lead Agency.

_ Carry out activities in compliance with HUD rules and regulations and the

requirements of the HOME Program including the provisions of 24 CFR
92.504(c)(2).
Notify the Lead Agency of their willingness to participate in a
Programmatic Agreement with SHPO for the Maricopa HOME
Consortium.

Page 6 of 21

(n)

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

Oversee and make recommendations for the fifteen percent (15%) CHDO
set-aside funding as defined within the HOME Program regulations

according to the following guidelines:

vi.

vii.

These funds shall be awarded to CHDOs on a competitive
Consortium-wide basis.

Requests will be submitted by CHDOs through an application
process and rated through a ranking system as set forth in the
CHDO application for funding.

CHDO applicants will coordinate applications with the Consortium
Member in whose jurisdiction the HOME Program activity is
proposed. The CHDO applicant shall secure a formal resolution of
support including agreement to administer the contract from this
Consortium Member. The Consortium Member in which the CHDO
activities occur will be named the Contract Administrator in the
CHDO contract and will administer the executed contract on behalf
of the Consortium. Administration includes, but is not limited to:
negotiation of the CHDO contract; completion of environmental
reviews, completion of required reports for project set-up and
completion; Deed of Trust processing; review and approval of
reimbursement requests; submission of reimbursement requests to
the Lead Agency for payment; actively participate with the County
in monitoring of activities; initiation of recommendations for any
contractual changes where feasible and consistent with the
Consortium’s Citizen Participation Plan and needs identified in the
CP; and general project oversight. The Contract Administrator shall
be named as the Beneficiary in the Deed of Trust and shall be
responsible for monitoring and enforcing HUD requirements during
the period of affordability.

CHDOs funded in a Consortium Member’s jurisdiction with the 15%
set-aside funds will enter into a tri-party agreement with the County
and the Consortium member, with the Consortium member named
as the Contract Administrator.

CHDOs that are funded in the Urban County with the 15% set-aside
funds will enter into contracts with the County. The County will be
the Contract Administrator for all Urban County funded CHDOs.
The Contract Administrator shall require CHDOs to invoice the
Consortium by submitting the invoice to the Contract Administrator
who will review the reimbursement request and upon authorizing
reimbursement shall forward to the Lead Agency for payment.
Payment shall not be made until the Contract Administrator
authorizes and certifies payment.

The Contract Administrator and the Lead Agency will work
cooperatively to ensure that federal and local requirements are met
under the CHDO guidelines.

Page 7 of 21

17.

18.

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

viii. To comply with the provisions of 24 CFR 92.204, CHDO funds must
be encumbered within 24 months after HUD approves the HOME
Program action plan. Encumbrance means that a legally binding
agreement has been executed for the use of the HOME Program
funds.

ix. The Contract Administrator will be responsible for maintaining all
CHDO contracts, implementation records, and financial files during
the life of a CHDO contract for the applicable retention period.

x. Upon the completion of a CHDO contract, the Contract
Administrator will be responsible for maintaining all additional
monitoring and other applicable files during the period of
affordability.

xi. The Contract Administrator will participate in Consortium training
sessions regarding CHDOs as necessary.

Pursuant to 2 CFR 200, et seq., if a Consortium Member fails to comply with any
term(s) outlined in paragraph 16 of this Agreement, the Lead Agency may take
remedial action against the Member after providing 45 (forty-five) days’ written
notice to the noncompliant Consortium Member. After one instance of
noncompliance, and the Consortium Member’s failure to cure same, remedial action
may consist of the imposition of additional conditions on the Member up to
suspending the Member's participation in the Consortium for up to one year. After
two instances of noncompliance, the Lead Agency may terminate the noncompliant
Consortium Member from the Agreement, after following the procedure set forth in
Section 18 below. Notice under this section shall include, at minimum, the term(s)
violated, any additional conditions imposed, signature lines for Lead Agency and
noncompliant Consortium member, and a written appeal process.

During administration of the HOME Program, the Consortium may determine that
there are circumstances under which reallocation of certain Consortium Member(s)
and/or CHDO(s) HOME Program Funds is necessary. The County, as Lead
Agency, may reallocate HOME Program Funds between the Parties only under the
following circumstances:

(a) A CHDO has not met a contractual commitment and/or expenditure
deadline.

(b) | A Consortium Member is determined to be non-performing by the Lead
Agency. Non-performance by a Consortium member will be defined as
any of the following:

i. Remitting more than one-third of a program year allocation to the Treasury
Department due to lack of expenditures/commitments or timely draws.

ii. Obtaining two or more findings that are unable to be corrected during a
HUD monitoring of the Consortium Member’s HOME program.

iii. Noncompliance with two or more of the items listed in paragraph sixteen
(16) of this document.

iv. Refusal to spend annual allocation or participate in the Consortium.

Page 8 of 21

19.

20.

21.

22.

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

(c) A CHDO or Consortium Member may appeal the Consortium’s
determination of nonperformance by issuing a formal appeal letter to the
Lead Agency within 60 days of the original non-performance
determination. The Lead Agency has 90 days to organize a
subcommittee of the Consortium to accept or deny the appeal.

All reallocation actions will be based on a majority vote of the Consortium Members.
When there is a need to reallocate funds of a Consortium Member(s), the
Consortium may elect to reallocate funds to another member of the Consortium or
to a CHDO.

When there is a need to reallocate CHDO funds, the Consortium will first prioritize
potential recipients according to the following criteria:
(a) | CHDOs that have existing contracts with the Consortium.
(b) CHDOs that have unfunded previous submitted applications with the
Consortium from the current year.
(c) CHDOs that submit new applications to the Consortium because of a new
Request for Proposal (“RFP”) process.

All CHDO and Consortium Member(s) reallocations will be determined by using the
following funding criteria:
(a) Ability to expend reallocated amount
i. Ability to encumber within time limits
ii. Level of effort in place to appropriately expend amount available
iii. Ability to secure non-federal match
iv. Timely implementation of current and past projects
Vv Current and past monitoring findings

i. According to the priorities outlined in the CP
ii. Degree of urgency
iii. Relative levels of existing funding

Appeals of administrative decisions and resolutions of complaints or disputes will be
addressed at whatever level of administration they occur. Every contract
administrator is required to have an appeals/dispute resolution procedure.
Therefore, appeals/disputes relating to the administration of any contract developed
in the implementing of these programs will be processed by the administrator of that
contract according to the procedures of that administrator. For CHDO contracts
only, final appeal may be made to the Lead Agency.

All appeals of administrative decisions by the Consortium or requests for dispute
resolution relating to Consortium activities shall be in writing and submitted to the
Lead Agency. The Consortium shall review the matter at the next regularly
scheduled meeting and shall respond in writing within seven days of the decision.

Page 9 of 21

23.

24.

25.

26.

27.

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

This Agreement may be executed in one or more counterparts, and each originally
executed duplicated counterpart of this Agreement shall be deemed to possess the
full force and effect of the original.

This Agreement may be terminated by the Lead Agency if a Consortium Member
violates any term or condition of this Agreement or if Consortium Member fails to
maintain a good faith effort to carry out the purpose of the Agreement. Following the
termination of participation by one of the Consortium Members, this Agreement will
remain in full effect with respect to the remaining Consortium Members. This
Agreement may also be terminated according to A.R.S. § 38-511, which is
incorporated herein by reference.

This Agreement will be filed with the Maricopa County Recorder’s Office by the
Lead Agency within ten (10) calendar days after the final counterpart is executed
and returned to the Lead Agency. This Agreement will become effective on the date
of recordation (“Effective Date”).

When a shared consultant/service is hired on behalf of the Consortium, the costs
will be shared on a pro-rata basis. This share will be calculated based on the
annual Consortium Members’ collective annual CDBG allocation. Consortium
Member's pro-rata annual HOME allocation will be reduced by each Consortium
Member's cost share.

In the event a Consortium Member elects to no longer participate in the
Consortium, the following duties and obligations will be required with respect to
those Consortium funds controlled by the departing Consortium Member:

(a) Unencumbered/unexpended funds

i. Consortium HOME funds allocated prior to the date of separation,
shall not be commingled with any other HOME funds in any one
project.

ii. All funds allocated to the departing Consortium Member by the
Consortium must be encumbered before encumbering funds
granted to the departing Consortium Member directly by HUD.

iii. If departing Consortium Member encumbers the bulk of Consortium
funds, but a minimal amount remains, the departing Consortium
Member can simply return the funds to the Consortium.

iv. The departing Consortium Member shall return to the Consortium
any Consortium funds allocated to the departing Consortium
Member that have not been expended by the expenditure and
encumbrance timelines specified in this Agreement.

Vv. The departing Consortium Member shall name the Consortium as
beneficiary on documents (e.g. deeds of trust, liens) associated
with any Consortium-funded projects that the departing Consortium
Member enters into and shall modify all documents necessary to
meet this requirement.

Page 10 of 21

(b)

(c)

(d)

(e)

(9)

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

Program Income

i. The departing Consortium Member shall remit to the County all
Program income received attributable to Consortium-funded
projects.

ii. The County, as Lead Agency, shall be responsible for using any
Program Income it receives in accordance with applicable statutes
and regulations and shall reallocate such funds according the
Consortium Reallocation Policy.

i. The departing Consortium Member shall retain any match credits
held by the departing Consortium Member as of the date of
separation, to be used in accordance with statute and HUD
regulations and guidelines.

ii. The departing Consortium Member shall apply match credits to
Consortium-funded projects first; when those projects have the full
required match amount, then the departing Consortium Member
may apply the credits to the departing Consortium Member's
funded projects.

Planning and Reporting

i. The departing Consortium Member shall use its own Citizen
Participation Plan for all Consortium-funded projects committed
after the date of separation. The departing Consortium Member
shall maintain all appropriate reports as described in the
Agreement, on all Consortium-funded projects for the entirety of
each project’s respective affordability period.

ii. The departing Consortium Member shall remit these reports to the
County upon request.

Monitoring

i. The departing Consortium Member shall maintain separate records
for all Consortium-funded projects in accordance with the
applicable Consortium policy and shall provide these reports to the
County upon request.

ii. The departing Consortium Member shall monitor its subrecipient
and CHDO agreements related to projects funded by the departing
Consortium Member in accordance with the applicable HUD
regulations for the entirety of each applicable affordability period.

Meetings

i. The departing Consortium Member may participate in Consortium
meetings in a non-voting capacity until all Consortium funds held by
the departing Consortium Member as of the date of separation
have been expended.

Environmental Reviews

i. Maricopa County shall be the “Certifying Officer’ with respect to

environmental matters on all Consortium-funded projects.

Page 11 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

28. In the event funds are not appropriated to the HOME program, HUD guidance shall
be followed to close out the program. The Lead Agency will be responsible for grant
close-out. The Consortium Members will be responsible for maintaining compliance
on previous HOME-funded units.

(a) | Program Income

i. Consortium Members shall remit to the County all Program Income
received attributable to Consortium-funded projects.

il. The County, as Lead Agency, shall be responsible for using any
Program Income it receives in accordance with applicable statutes
and regulations and shall reallocate such funds according to the
Consortium Reallocation Policy.

In witness whereof, the Parties hereto have caused this Agreement to be executed by
their duly authorized officers.

This Agreement is for the purpose of funding HOME Program activities for the federal
fiscal years 2021 — 2023.

Page 12 of 21

C-A2~ Av~- 033-2-UD
MARICOPA HOME CONSORTIUM

INTERGOVERNMENTAL AGREEMENT
IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:
MARICOPA COUNTY (LEAD ENTITY)

Chairman, Board of Supervisors

Attested to:

Fran McCarroll, Clerk of the Board

MAY 2.8 2020

Date

IN ACCORDANCE WITH A.R.S. §§ 11-201, 11.251 & 11-952, THIS AGREEMENT
HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY AND HAS
DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE
POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF

ARIZONA.

Approved as to Form:

ACS 5/21/2020

Deputy County Attorney for Maricopa County Date

Page 13 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

LENDALE ~~

IN ACCORDANCE WITH A.R.S. §§ 9-231, 9-240 & 9-441.02, THIS AGREEMENT
HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY AND HAS
DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE
POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF
ARIZONA.

Approved as to Form:

(pS
Attomey Tor the ity of > bate Way

Page 14 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:
CITY OF TEMPE

M ark ws.

Mark W. Mitchell, City Mayor

Attested to:

lode P. Rave

City Clerk

April 23, 2020
Date

Approved as to Form:

Ari yh fe ln fay April 23, 2020

Attorney for the City of Tempe Date

C2020-103

Page 15 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:
CITY OF CHANDLER

Ba Bard.

City Mayor ~

Attested to:

AOwaw 2. Ofer

City Clerk Og

5, /4[z020

Date

Approved as to’Form:

Atforney-for the City of Chandler Date

Page 16 of 21

Contract No. 2020-010-COS

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:

CITY OF SCOT, ALE

City Mayor 4

Attested to:

City Clerk

_ Aipolacac
Date

Approved as to Form:

haut A Platts 17/2020
Attotney for the City of Scottsdale Date

Reviewed by:

7 ae

Risk Manager for the City‘of Scottsdale

Page 17 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:
TOWN OF GILBERT

Town Mayor

Attested to:

Town Clerk

VY arch 24 2020

Date

ARIZONA.

Approved as to Form:

LA. Ze xfrifure

Attorney for thé Town of Gilbert Date

Page 18 of 21

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:
CITY OF PEORI

City Maypr

Attested to:

City Clerk

Approved as to Form:

Date

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LCON 00620

MARICOPA HOME CONSORTIUM
INTERGOVERNMENTAL AGREEMENT

IN WITNESS THEREOF, the Parties have signed this Agreement:

Approved By:
CITY OF SURPRISE

City Mayor

Attested to:

Whos (Bo (ay, 2
CU

City Clerk”

[als 26 |4

Date

Approved as to Form:
Weyer for the City of Surprise ate

Page 20 of 21